Justice Salim Joubran - a symbol of Israeli coexistence between Jews and Arabs

Opinion: Any attempt to briefly summarize the life and achievements of the baby who left with his family on a boat to Lebanon during the 1948 Independence War and appointed Supreme Court deputy chief justice in his later years is doomed to fail

Dr. Matan Gutman |
I was a young intern in my first week of work at the chamber of Supreme Court Justice Salim Joubran, who passed away over the weekend, and I prepared legal research for Justice Joubran on a specific issue. A few days later, the Justice called me into his room, and to my surprise, he asked me to examine the issue in sources of Jewish law, as he was interested in adding legal references to the Mishnah and Talmud in the judgment he was writing.
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After several weeks under Justice Joubran, I understood that I should not have been surprised at all. Justice Joubran was a symbol of Israeli coexistence between Jews and Arabs. Supreme Court Justice Elyakim Rubinstein rightfully wrote about him, "Justice Salim Joubran is a symbol of an Arab proud of his ethnicity, a Christian proud of his tradition, an Israeli proud of his Israeli identity, and a judge proud of his contribution to justice in the State of Israel."
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שופט סלים ג'ובראן טקס פרישה מ בית המשפט העליון
שופט סלים ג'ובראן טקס פרישה מ בית המשפט העליון
The late Justice Salim Joubran
(Photo: GPO)
Justice Joubran was the first Arab-Israeli Supreme Court Justice, whose life path and values demonstrate the realization of the Declaration of Independence and the Israeli story, according to which the State of Israel " will uphold the full social and political equality of all its citizens without distinction of race, creed or sex ", alongside the call "for the Arab people, residents of the State of Israel...to take part in building the state on the basis of full and equal citizenship and due representation in all its institutions."
There was no instance in which Justice Joubran refused an invitation from the Israeli Ministry of Foreign Affairs to give a lecture in Israel or around the world, to represent Israel, and to share his personal story as the first Arab-Israeli Supreme Court Justice. There is no need to elaborate on the contribution of Justice Joubran and his life story to the international status of the State of Israel.
In Israeli legal and public life, there are few who can be equated with their contribution to the State of Israel, its image, and its international status like Justice Salim Joubran. Justice Joubran was one of the greatest creators of the Israeli story and of Israeli law.
Any attempt to briefly summarize the life and achievements of the baby who left with his family on a boat to Lebanon during the 1948 Israeli War of Independence and was appointed as the Deputy Chief Justice of the Supreme Court of Israel in his later years - is doomed to fail.
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(Photo: Supreme Court website)
Yet, if I try, still, to summarize in a few words—yet capture the essence—the glorious legacy of Justice Joubran, it would be equality, tolerance, and human dignity. In his rulings, Justice Joubran contributed greatly to fortifying the right to equality in Israeli law and did not hesitate to write bold minority opinions. For example, in the verdict dealing with the constitutionality of raising the electoral threshold, he expressed real concern that the change would lead to "the exclusion of a minority group with a special status" from representation in the Knesset.
In the courtroom, he proved his fervent belief in human dignity every day. He always treated every lawyer or litigant with great respect, listening attentively and giving everyone the feeling that they had their day in court. I will not forget how he would address defendants and converse with them directly, and always instructing the prison service to allow detainees to meet and embrace their family members who came to accompany them to the hearing.
At the end of his tenure, he stated that "I saw my role as a judge as dual-purpose: one, to adjudicate disputes between parties fairly, and the other, to be as far as I can, a bridge for promoting closer relations between Jews and Arabs in the State of Israel, a goal I believe in wholeheartedly."
The Israeli society owes much to Justice Joubran. A groundbreaking leader who made revolutionary changes through modesty and by creating consensus. Especially in this difficult time, a crisis for the State of Israel, the Israeli public lacks more Salim Joubrans. Be "Joubrans". May his memory be for a blessing.
  • Dr. Matan Gutman is a lawyer, Ynet's legal analyst, and an expert in constitutional law, administrative law, and human rights law, as well as the legal assistant of Justice Salim Joubran.
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